Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1887-03-16
WARRINGTON NEWS NOTES.
Supreme Court Decision-Tho Apache /
dians-Presidentis Pardons,

Supreme Court Decfsion-Tho Apache In
disns-Presidential Pardons.
WASHINGTON, March 14.-The Supreme
Court to-day rendered decision in the cal
Of Dolores Del Moral y Gonzales ct al.
plaintiff in error va. Edward Rous ct al. in
error to the Circuit Court of the United
States for the Western District of Texas.
This was suit brought by the heirs OF
Juan Gonzales to recover possession of
eleven square leagues OF land in Kinney
County, Texas, alleged tn have been grant
ed to Gonzales during his lifetime by the
Government of Coahuilas and Texas, a
State OF the Republic of Mexico in 1923.
The court below refused to admit as evil
dence of Gonzales title, SO called, the testi-
mony issued by Fortuna De Soto as Com.
missioner of the Colony of Rio Grande to
Juan Charles Beales, as attorney for Con-
zaies on the 18th OF April, 1889. The
court held that this testimony was refused
without authority of law. and, accordingly,
entered judgment for the defendants. This
court decides that the judgment was er-
roneous. 1t is accordingly reversed and the
case remanded for new trial.
Colonel Ayers, commanding the Second
Artillery at Saint Frances Barracks, Flori-
da, has made a report to the War Depart
ment concerning the Apache prisoners at
Ft. Marion, in which be says their number
on February ! last was AT. Three chill
dren have been born since and four Indians
have died, leaving 446 in confinement
men, 2O6 women and 1853 children. The
Indians generally have behaved well. About
fifty children are under instruction by the
Brothers of St. Joseph Academy, and have
made good progress. Some kindly dis
posed white women have been instructing
t1o, Il 81 ho oof
siderable success in the elements of the
English language.
The PRESIDENT has taken the following
action on applications for pardon. In the
case OF. Dennis Kelly, convicted of man.
slaughter and sentenced to eighteen
months imprisonment at Portland,
Maine. He says: ''The defendant having
been a good soldier, and his offense appear
ing to be the result of an excitable tenn
permanent than of any malicious intent,
and he convict having served the entire
extent of his sentence, the pardon is
granted to restore him to citizenship" He
has granted q pardon to Geo. H. Daubney,
sentenced to three years. imprisonment in
Wisconsin for pension frauds. The Presi-
dent says: His offense pre-
judices very much against granting
him any reiief but his sentence
nAvlng Oeeu eerVeO, anu Cne non. EOWarO
L. Bragg, himself brave and distinguished
soldier, having given the opinion that since
his sentence, the convict has behaved well,
the pardon is granted for the purpose OF
restoring him to the right of citizenship"
He has pardoned L. s. knight, sentenced
to two years imprisonment in the Albany
penitentiary for forc!bly entering post.
Office. He pardoned NJ. Fleming, sentenced
in Virginia to three months Imprisonment
and $500 fine for violating the internal
revenue laws, on the ground that he has
served his full term, and the only effect of
his pardon will be to relieve him of his fine.
He has also pardoned James McGrath,
in California to a term of three
years and q fine of $50 for assault with
deadly weapons. He has served his sem
tence and the fine only is remitted, the
President being convinced of the justice
of this act by what he describes as "the
manly and reasonable letter of the pris.
oner." He has also pardoned Caleb Starr,
an Indian agent, against whom a judg |
ment WAS rendered in Arkansas upon for |
feited recognizance for $1,000 and costs. |
The President has refused to pardon David |
Shanks, who has served bis sentence for |
to counterfeit in. Illinois, al
though the pardon was merely to restore !
him to citizenship.